State v. DickinsonState v. Dickinson
Jim Smith, Atty. Gen., and Calvin L. Fox, Asst. Atty. Gen., Miami, for appellant.
Gregory B. Hoppenstand, Coral Gables, for appellee.
OVERTON, Justice.
The appellee, Carl John Dickinson, was charged by information with dealing in stolen property in violation of
We extend our reasoning in State v. Allen, 362 So.2d 10 (Fla. 1978); State v. Lewis, 364 So.2d 1223 (Fla., 1978); and State v. Belgrave, 364 So.2d 1225 (Fla., 1978), to this case and hold that
The trial court also invalidated
(4) A law enforcement officer solicited a person predisposed to engage in conduct in violation of any provision of ss. 812.012-812.037 in order to gain evidence against that person, provided such solicitation would not induce an ordinary law-abiding person to violate any provision of ss. 812.012-812.037.
This statute only codifies the defense of entrapment as it now exists in the State of Florida. See, e.g., Lashley v. State, 67 So.2d 648, 649 (Fla. 1953); Fla.Std. Jury Instr. (Crim.) 2.11(e). There is clearly no constitutional prohibition against a law enforcement officer providing the opportunity for a person who has the willingness and readiness to break the law. As the United States Supreme Court stated in United States v. Russell, 411 U.S. 423, 435-36, 93 S.Ct. 1637, 1644-45, 36 L.d.2d 366, 375-76 (1973):
Sorrells and Sherman both recognize “that the fact that officers or employees of the Government merely afford opportunities or facilities for the commission of the offense does not defeat the prosecution... .” Nor will the mere fact of deceit defeat a prosecution ... for there are circumstances when the use of deceit is the only practicable law enforcement technique available. It is only when the Government‘s deception actually implants the criminal design in the mind of the defendant that the defense of entrapment comes into play (citations omitted).
See Sherman v. United States, 356 U.S. 369, 372, 78 S.Ct. 819, 820-21, 2 L.Ed.2d 848, 851 (1958); Sorrells v. United States, 287 U.S. 435, 441, 53 S.Ct. 210, 212, 77 L.Ed. 413, 416 (1932). The essential element of the defense of entrapment is the absence of a predisposition of the defendant to commit the offense. The Russell court opined:
[T]he entrapment defense prohibits law enforcement officers from instigating a criminal act by persons “otherwise innocent in order to lure them to its commission and to punish them.” 287 U.S., at 448, 53 S.Ct. 210. Thus, the thrust of the entrapment defense was held to focus on the intent or predisposition of the defendant to commit the crime. “[I]f the defendant seeks acquittal by reason of entrapment he cannot complain of an appropriate and searching inquiry into his own conduct and predisposition as bearing upon that issue.” Id., 411 U.S. at 451, 93 S.Ct. at 1641.
United States v. Russell, 411 U.S. at 428-29, 93 S.Ct. at 1641, 36 L.Ed.2d at 371.
See Hampton v. United States, 425 U.S. 484, 96 S.Ct. 1646, 48 L.Ed.2d 113 (1976). We reject the inference raised by the trial court‘s holding that a high degree of law enforcement participation constitutes a defense to a criminal charge. That issue was squarely confronted in Russell and rejected; we agree with the United States Supreme Court‘s conclusion. In the instant case,
The order below, dismissing the information against Dickinson because
It is so ordered.
ENGLAND, C.J., and ADKINS, BOYD, SUNDBERG, HATCHETT and ALDERMAN, JJ., concur.